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DOES 1-6 v. MILLS

No. 21-1826.

16 F.4th 20 (2021)

Jane DOES 1-6; John Does 1-3; Jack Does 1-1000; Joan Does 1-1000, Plaintiffs, Appellants, v. Janet T. MILLS, in her official capacity as Governor of the State of Maine; Jeanne M. Lambrew, in her official capacity as Commissioner of the Maine Department of Health and Human Services; Nirav D. Shah, in his official capacity as Director of the Maine Center for Disease Control and Prevention; MaineHealth; Genesis Healthcare of Maine, LLC; Genesis Healthcare, LLC; Northern Light Health Foundation; MaineGeneral Health, Defendants, Appellees.

United States Court of Appeals, First Circuit.

October 19, 2021.

Attorney(s) appearing for the Case

Mathew D. Staver , Horatio G. Mihet , Roger K. Gannam , Daniel J. Schmid , and Liberty Counsel on brief for appellants.

Kimberly L. Patwardahan , Assistant Attorney General, Valerie A. Wright , Assistant Attorney General, Thomas A. Knowlton , Deputy Attorney General, Aaron M. Frey , Attorney General, on brief for appellees Janet T. Mills, Jeanne M. Lambrew, and Nirav D. Shah.

James R. Erwin , Katherine I. Rand , and Pierce Atwood LLP on brief for appellees MaineHealth, Genesis Healthcare of Maine, LLC, Genesis Healthcare, LLC, and MaineGeneral Health.

Ryan P. Dumais , Katherine L. Porter , and Eaton Peabody on brief for appellee Northern Light Health Foundation.

Before Howard, Chief Judge, Lynch and Barron, Circuit Judges.

Faced with COVID-19's virulent delta variant and vaccination rates among healthcare workers too low to prevent community transmission, Maine's Center for Disease Control ("Maine CDC") promulgated a regulation effective August 12, 2021, requiring all workers in licensed healthcare facilities to be vaccinated against the virus...

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